Legal View About Paid Debt Credit Bank To Bank Through Electronic Clearing System Related To Indonesian Bank Regulation Number 7/18/2005 About National Clearing System Of Indonesian Juncto Undang-Undang Number 11/2008 About Information And Electronic Transaction

This thesis is about legal view about paid debt credit bank to bank through electronic system in clearing related to Indonesian Bank Regulation Number 7/18/PBI/2005 juncto Undang-Undang Number 11/2008 about electronic information and transaction. Electronic clearing is debt credit of bank to bank calculated by electronic financial data using in calculating and formulating balance billet clearing in client transaction. The purpose of this research is to know the responsibility of both parties in executing electronic clearing, client legal protection from failure in clearing and legal act to the bank which could not pay the debt caused by losing in clearing through electronic clearing system.

The method of this research is an annalistic description with normative jurisdiction approach. Research had been done by data collection technique and documents study. The outcome data had been analyzed in qualitative jurisdiction that bring about the hierarchy of the regulation and the guarantee of law certainty.

Based on the result of this research, knowing that a bank whose bigger responsibility or having debt stated failure and losing in clearing. Lost in clearing has a direct effect to the client of clearing member bank. Legal protection that could been done by executing the regulation in banking field or even in other regulation related to client protection and by taking insurance for the client through Lembaga Penjamin Simpanan (LPS). The legal action could be done to the bank that could not pay the debt is to implement the bank responsibility to set up prefund before clearing as the preventive legal action which complement to article 22 and 29 Indonesian Bank Regulation Number 7/18/2005 about National Clearing System of Indonesian Bank and to provide temporary disallow to clearing sanction as the repressive legal action based on article 49 sentence (1) Indonesian Bank Regulation, to provide secure also accountable clearing and providing emergency fund facility and electronic clearing implementation by Indonesian Bank as article 15 of Regulation Number 11/2008 about Electronic Information and Transaction. Based on this research, the current regulation has satisfactory result for regulating electronic clearing system, as its ineffective legal protection for client for incapable to execute client protection principal

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